Text For Citation: 01 Item/Group: 001 Hazard: CHEMICAL

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to fire hazards and pulmonary edema from inhalation of oxides of nitrogen: On or about January 30, 2009 the employer stored Nitric Acid on wooden pallets in an area of their warehouse which was constructed of wood materials (wood-constructed walls) in their facility located at 258 Pine Street, Pawtucket, Rhode Island. The employer stored several pallets of Nitric Acid and each pallet contained 4 drums. Each drum held approximately 55 gallons of 42 Baume (67) Nitric Acid. Because the pallets are handled by forklift, if one or more drums were to be dropped or accidently damaged any leakage or spills would allow the concentrated acid to contact, and oxidize, the surrounding wood and cause a fire. Due to the heat generated additional drums could rupture and spread the acid over the floors and to the walls, feeding the fire. Under these conditions the released acid could decompose and generate highly toxic oxides of nitrogen. Breathing these oxides of nitrogen can seriously affect an employee's pulmonary function. Damage to the respiratory tract and lungs can be delayed and can have fatal effects. A concentration of oxides of nitrogen so small that is not objectionable at the time of inhalation can result in serious illness or death due to pulmonary edema, and the effects may not be felt for hours, or even days later. In addition, because a large part of the employer's space involves storage of various other hazardous chemicals these, too, could become involved if the fire became out of control. Feasible and acceptable abatement would include, but not be limited to, storage of the drums in areas of the facility which has construction that would not react with the acid.